SAN FRANCISCO - Although a shareholder's motion to alter judgment in a securities class action lawsuit is procedurally proper and timely, newly discovered evidence is still insufficient to cure the shareholder's scienter and loss causation pleading deficiencies, a federal judge in California ruled Feb. 9 in denying the motion (Likar Rok v. Identiv Inc., et al., No. 15-5775, N.D. Calif., 2018 U.S. Dist. LEXIS 21916).
HOUSTON - Texas law requires that claimants give notice of a workers' compensation claim within six months of the incident, rendering untimely a woman's asbestos action filed years after her husband retired as a judge, the county told a Texas appellate court on Feb. 12 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).
NEW YORK - A New York federal magistrate judge on Feb. 9 granted final approval of a $1 million settlement to be paid by a Jewish school in Orange County, N.Y., to end class wage claims brought by the school's kitchen workers (Oscar Vivaldo, et al. v. United Talmudical Academy of Kiryas Joel, Inc., et al., No. 14-2636, S.D. N.Y., 2018 U.S. Dist. LEXIS 22863).
WASHINGTON, D.C. - The U.S. government's termination of insurers and reinsurers' lawsuits pursuant to a claims settlement agreement between it and Libya and its subsequent legislation and executive order did not constitute a compensable taking under the Fifth Amendment, the Federal Circuit U.S. Court of Appeals affirmed Feb. 12 (Aviation & General Insurance Company Ltd., et al. v. United States, Nos. 16-2389 & 16-2402, Fed. Cir., 2018 U.S. App. LEXIS 3275).
HARRISBURG, Pa. - A commercial general liability insurer has a duty to defend and indemnify an insured subcontractor against a contractor's claims of negligent installation, the Pennsylvania Superior Court affirmed Feb. 9 (J.J.D. Urethane Co. v. Westfield Insurance Co., et al., Nos. 1440 EDA 2017 & 1554 EDA 2017, Pa. Super., 2018 Pa. Super. Unpub. LEXIS 396).
TAMPA, Fla. - Competing experts in a breach of contract lawsuit over the inspection of a company's airplane both had their proposed testimony limited Feb. 13 by a Florida federal judge (Oil Consulting Enterprise, Inc. v. Hawker Beechcraft Global Customer Support, LLC, No. 8:16-cv-3453, M.D. Fla., 2018 U.S. Dist. LEXIS 23273).
LOS ANGELES - A California federal judge on Feb. 9 certified one of two proposed subclasses, comprising oil platform and processing facility workers, in a lawsuit against the operators of a Santa Barbara, Calif., pipeline that leaked into the Pacific Ocean in May 2015, finding that common questions predominate (Keith Andrews, et al. v. Plains All American Pipeline, L.P., et al., No. 15-4113, C.D. Calif.).
NEW ORLEANS - The Center for Biological Diversity (CBD) and two other environmental advocacy groups on Feb. 13 filed a petition in the Fifth Circuit U.S. Court of Appeals contending that the Circuit Court should review an Environmental Protection Agency permit that allows oil companies to discharge toxins into the Gulf of Mexico, which the CBD argues puts coastal communities at risk (Center for Biological Diversity, et al. v. Environmental Protection Agency, et al., No. N/A, 5th Cir.).
JACKSON, Miss. - A panel of the Mississippi Court of Appeals on Feb. 13 affirmed summary judgment for a company in a "horseplay" suit after finding that the company did not owe a duty to supervise an employee who picked up and threw a trucker because the company did not foresee his violent tendencies (Wayne Booth v. Southern Hens Inc., No. 2016-CA-01068-COA, Miss. App., 2018 Miss. App. LEXIS 71).
NEW ORLEANS - A Louisiana couple and the contractor who installed Chinese-manufactured drywall in their home cannot pursue claims against the manufacturer, the federal judge in Louisiana overseeing litigation stemming from the product ruled Feb. 9, holding that their claims are barred by a settlement agreement that was executed in February 2013 (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL 2047, E.D. La., 2018 U.S. Dist. LEXIS 21561).
ST. LOUIS - A Missouri federal judge on Feb. 12 remanded a class complaint over the St. Louis Rams moving to a new city, finding that the plaintiffs properly invoked the Class Action Fairness Act's (CAFA) local controversy exception (Ronald McAllister v. The St. Louis Rams, LLC, Nos. 16-172, 16-262, 16-297 and 16-189, E.D. Mo., 2017 U.S. Dist. LEXIS 22395).
BOSTON - The supervising pharmacist for the former New England Compounding Center (NECC) on Feb. 12 told a Massachusetts federal court that it should order him to pay none of the $82 million in restitution the government is seeking or should require him to make only nominal payments (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).
WASHINGTON, D.C. - The U.S. Bureau of Land Management (BLM) on Feb. 13 announced its proposed changes to the 2016 Waste Prevention Rule, calling for the rescission of the majority of regulations on oil and gas operators who had been required to control the venting and flaring of methane produced by drilling activities.
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 13 vacated and remanded a lower federal court's dismissal of an insurer's petition to assert a third-party interest in a criminal forfeiture proceeding but denied the insurer's appeal of the lower court's denial of its request for restitution for $15 million that it paid its insured under the policy's employee theft coverage (Federal Insurance Company v. United States of America, Nos. 16-2967 and 16-3402, 2nd Cir., 2018 U.S. App. LEXIS 3312).
SACRAMENTO, Calif. - California launched an investigation into Aetna Inc.'s health insurance claims approval and prior authorization process after learning that one of the company's medical reviewers testified in a deposition that he was trained not to review medical records but instead rely on what was provided to him by the company's nurses, the state's insurance commissioner announced in a Feb. 12 statement.
DENVER - A majority of the 10th Circuit U.S. Court of Appeals concluded Feb. 13 that a lower federal court erred in finding that a subcontractor's faulty workmanship that caused damage to an insured's own work can never be an "occurrence," reversing and remanding (Black & Veatch Corporation v. Aspen Insurance [UK] Ltd, et al., No. 16-3359 10th Cir., 2018 U.S. App. LEXIS 3342).
DETROIT - Engineering consultants named as defendants in the lead-contaminated water crisis in Flint, Mich., and the class of plaintiffs alleging that they have been injured by that water on Feb. 9 filed briefs debating whether the federal district court has jurisdiction to order certain discovery at the current stage of the litigation (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).
TRENTON, N.J. - An auto insurer is liable for personal injury protection (PIP) benefits for an unnamed additional insured under terms of a voided insurance contract, a New Jersey appeals panel affirmed Feb. 8 (Tyrone S. Henry Sr., et al. v. Santosh S. Bhowmik, et al., No. A-3331-15T4, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 286).
SAN JOSE, Calif. - The city of Providence, R.I., on Feb. 12 filed a consumer protection class action complaint against Intel Corp. in California federal court, charging the microprocessor chip manufacturer with unfair competition and warranty violations related to the recently discovered "Meltdown" and "Spectre" security vulnerabilities that can reportedly affect millions of computers and devices worldwide, resulting in the exposure of users' sensitive information (Providence v. Intel Corp., No. 5:18-cv-00894, N.D. Calif.).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 12 affirmed a district court's ruling that a disability insurer's termination of benefits was not arbitrary and capricious because the claimant failed to prove that she suffered solely from a physical disability that precluded her from performing the duties of any occupation (Serilyn Krash v. Reliance Standard Life Insurance Group, No. 17-1814, 3rd Cir., 2018 U.S. App. LEXIS 3240).
LOS ANGELES - After finding that an insurance broker was not improperly joined in an action in which a moving company asserts claims for violation of California's unfair competition law (UCL) and other causes of action in relation to an insurer's refusal to defend it in an underlying lawsuit, a California federal judge on Feb. 8 remanded the case to state court and declined to consider dismissal of the action (Earl Wayne Pullen, dba Carole & Jan's Moving & Storage, v. TransGuard Insurance Company of America Inc., et al., No. 17-08631, C.D. Calif., 2018 U.S. Dist. LEXIS 21177).
WASHINGTON, D.C. - A $12 million verdict on allegations of patent infringement was "fundamentally unfair," according to a defendant who presented its case to the Federal Circuit U.S. Court of Appeals in oral arguments held Feb. 12 (Cave Consulting Group v. OptumInsight Inc., No. 17-1060, Fed. Cir.).
WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 12 dismissed declaratory relief and other claims asserted by a borrower against the Federal Deposit Insurance Corp. (FDIC), finding that the court lacked jurisdiction because the borrower did not file an administrative claim with the FDIC within a 90-day deadline (Richard Caires v. Federal Deposit Insurance Corp., No. 17-957, D. D.C., 2018 U.S. Dist. LEXIS 21426).